BILL NUMBER: AB 919	CHAPTERED  10/10/99

	CHAPTER   966
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 25, 1999

   An act to amend Section 65589.5 of the Government Code, relating
to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 919, Dutra.  Land use:  local agencies.
   Under the Planning and Zoning Law, local agencies are required to
make specified findings based upon substantial evidence before
disapproving or conditionally approving a housing development project
that renders it infeasible for the use of low- and moderate-income
households.  This law requires that when a proposed housing
development project complies with the applicable general plan,
zoning, and development policies in effect at the time that the
project's application is determined to be complete, a local agency
may not propose to disapprove the project or conditionally approve it
at a lower density unless the agency bases its decision on written
findings supported by substantial evidence on the record that certain
conditions exist.
   This bill would revise this procedure to require that a proposed
housing development project include very low, low- or moderate-income
households and comply with the applicable, objective general plan
and zoning standards and criteria, and would make changes in the
conditions that a local agency is required to find.  The bill also
would revise the definitions of "affordable to low- and
moderate-income households" to include very low income households or
middle income households, as defined, and "area median income" to
include very low or low-income households.
   The bill would also provide that it shall not become operative if
SB 948 is enacted and becomes effective on or before January 1, 2000.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 65589.5 of the Government Code is amended to
read:
   65589.5.  (a) The Legislature finds all of the following:
   (1) The lack of affordable housing is a critical problem which
threatens the economic, environmental, and social quality of life in
California.
   (2) California housing has become the most expensive in the
nation.  The excessive cost of the state's housing supply is
partially caused by activities and policies of many local governments
which limit the approval of affordable housing, increase the cost of
land for affordable housing, and require that high fees and
exactions be paid by producers of potentially affordable housing.
   (3) Among the consequences of those actions are discrimination
against low-income and minority households, lack of housing to
support employment growth, imbalance in jobs and housing, reduced
mobility, urban sprawl, excessive commuting, and air quality
deterioration.
   (4) Many local governments do not give adequate attention to the
economic, environmental, and social costs of decisions which result
in disapproval of affordable housing projects, reduction in density
of affordable housing projects, and excessive standards for
affordable housing projects.
   (b) It is the policy of the state that a local government not
reject or make infeasible affordable housing developments which
contribute to meeting the housing need determined pursuant to this
article without a thorough analysis of the economic, social, and
environmental effects of the action and without meeting the
provisions of subdivision (d).
   (c) The Legislature also recognizes that premature and unnecessary
development of agricultural lands to urban uses continues to have
adverse effects on the availability of those lands for food and fiber
production and on the economy of the state.  Furthermore, it is the
policy of the state that development should be guided away from prime
agricultural lands; therefore, in implementing this section, local
jurisdictions should encourage, to the maximum extent practicable, in
filling existing urban areas.
   (d) A local agency shall not disapprove a housing development
project affordable to very low, low- or moderate-income households or
condition approval in a manner that renders the project infeasible
for development for the use of very low, low- or moderate-income
households unless it makes written findings based upon substantial
evidence in the record as to one of the following:
   (1) The jurisdiction has adopted a housing element pursuant to
this article that has been revised in accordance with Section 65588
and that is in substantial compliance with this article, and the
development project is not needed for the jurisdiction to meet its
share of the regional housing need of very low, low- or
moderate-income housing.
   (2) The development project as proposed would have a specific,
adverse impact upon the public health or safety, and there is no
feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to low-
and moderate-income households.  As used in this paragraph, a
"specific, adverse impact" means a significant, quantifiable, direct,
and unavoidable impact based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
   (3) The denial of the project or imposition of conditions is
required in order to comply with specific state or federal law, and
there is no feasible method to comply without rendering the
development unaffordable to low- and moderate-income households.
   (4) Approval of the development project would increase the
concentration of lower income households in a neighborhood that
already has a disproportionately high number of lower income
households and there is no feasible method of approving the
development at a different site, including those sites identified
pursuant to paragraph (1) of subdivision (c) of Section 65583,
without rendering the development unaffordable to low- and
moderate-income households.
   (5) The development project is proposed on land zoned for
agriculture or resource preservation which is surrounded on at least
two sides by land being used for agricultural or resource
preservation purposes, or which does not have adequate water or waste
water facilities to serve the project.
   (6) The development project is inconsistent with the jurisdiction'
s general plan land use designation as specified in any element of
the general plan as it existed on the date the application was deemed
complete, and the jurisdiction has adopted a housing element
pursuant to this article.
   (e) Nothing in this section shall be construed to relieve the
local agency from complying with the Congestion Management Program
required by Chapter 2.6 (commencing with Section 65088) of Division 1
of Title 7 or the California Coastal Act (Division 20 (commencing
with Section 30000) of the Public Resources Code).  Neither shall
anything in this section be construed to relieve the local agency
from making one or more of the findings required pursuant to Section
21081 of the Public Resources Code or otherwise complying with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (f) Nothing in this section shall be construed to prohibit a local
agency from requiring the development project to comply with written
development standards, conditions, and policies appropriate to, and
consistent with, meeting the quantified objectives relative to the
development of housing, as required in the housing element pursuant
to subdivision (b) of Section 65583.  Nor shall anything in this
section be construed to prohibit a local agency from imposing fees
and other exactions otherwise authorized by law which are essential
to provide necessary public services and facilities to the
development project.
   (g) This section shall be applicable to charter cities, because
the Legislature finds that the lack of affordable housing is a
critical statewide problem.
   (h) The following definitions apply for the purposes of this
section:
   (1) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, environmental, social, and technological factors.
   (2) "Affordable to very low, low- or moderate-income households"
means that either (A) at least 20 percent of the total units shall be
sold or rented to lower income households, as defined in Section
50079.5 of the Health and Safety Code, or (B) 100 percent of the
units shall be sold or rented to moderate-income households, as
defined in Section 50093 of the Health and Safety Code, or middle
income households, as defined in Section 65008. Housing units
targeted for lower income households shall be made available at a
monthly housing cost that does not exceed 30 percent of 60 percent of
area median income with adjustments for household size made in
accordance with the adjustment factors on which the lower income
eligibility limits are based. Housing units targeted for persons and
families of moderate income shall be made available at a monthly
housing cost that does not exceed 30 percent of 100 percent of area
median income with adjustments for household size made in accordance
with the adjustment factors on which the moderate income eligibility
limits are based.
   (3) "Area median income" shall mean area median income as
periodically established by the Department of Housing and Community
Development pursuant to Section 50093 of the Health and Safety Code.
The developer shall provide sufficient legal commitments to ensure
continued availability of units for the very low or low-income
households in accordance with the provisions of this subdivision for
30 years.
   (4) "Neighborhood" means a planning area commonly identified as
such in a community's planning documents, and identified as a
neighborhood by the individuals residing and working within the
neighborhood.  Documentation demonstrating that the area meets the
definition of neighborhood may include a map prepared for planning
purposes which lists the name and boundaries of the neighborhood.
   (i) If any city, county, or city and county denies approval or
imposes restrictions, including a reduction of allowable densities or
the percentage of a lot which may be occupied by a building or
structure under the applicable planning and zoning in force at the
time the application is deemed complete pursuant to Section 65943,
which have a substantial adverse effect on the viability or
affordability of a housing development affordable to low- and
moderate-income households, and the denial of the development or the
imposition of restrictions on the development is the subject of a
court action which challenges the denial, then the burden of proof
shall be on the local legislative body to show that its decision is
consistent with the findings as described in subdivision (d).
   (j) When a proposed housing development project complies with the
applicable objective general plan and zoning standards and criteria
in effect at the time that the housing development project's
application is determined to be complete, but the local agency
proposes to disapprove the project or to approve it upon the
condition that the project be developed at a lower density, the local
agency shall base its decision regarding the proposed housing
development project upon written findings supported by substantial
evidence on the record that both of the following conditions exist:
   (1) The housing development project would have a specific, adverse
impact upon the public health or safety unless the project is
disapproved or approved upon the condition that the project be
developed at a lower density. As used in this paragraph, a "specific,
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
   (2) There is no feasible method to satisfactorily mitigate or
avoid the adverse impact identified pursuant to paragraph (1), other
than the disapproval of the housing development project or the
approval of the project upon the condition that it be developed at a
lower density.
  SEC. 2.  Section 1 of this act shall not become operative if SB 948
is enacted and becomes effective on or before January 1, 2000.
